Lyla Lindsey
In Western Australia, divorce applications are made to the Family Court of Western Australia. The Federal Circuit and Family Court of Australia has the jurisdiction to deal with divorce under Part VI of the Family Law Act 1975. Applications for divorce should be e-filed online using the Commonwealth Courts Portal online form. You can apply for a divorce by yourself (a sole application) or together with your spouse (a joint application). The only ground for divorce is that your marriage has broken down irretrievably, and you have been separated for at least 12 months. There is no need to prove fault. The Family Court only needs proof that you and your spouse have separated and lived separately for a continuous period of 12 months before the date of filing the application, and there is no chance of reconciliation.
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What You'll Learn
- Application process: File online or in-person at the Family Court of Western Australia
- Evidence: Provide proof of separation, including affidavits from yourself and third parties
- Counselling: File an affidavit explaining why you and your spouse didn't attend counselling
- Response: Your spouse may respond to the divorce application if they oppose it
- Court hearing: Attendance may be required, especially if there are children under 18 involved
Application process: File online or in-person at the Family Court of Western Australia
The Federal Circuit and Family Court of Australia has the jurisdiction to deal with divorce under Part VI of the Family Law Act 1975. Applications for divorce should be e-filed online using the Commonwealth Courts Portal online form. This allows you to access your court file, e-file, and access court orders 24/7.
If you are located in Western Australia, you should contact the Family Court of Western Australia, where divorces in Western Australia are filed. You can apply for a divorce by yourself (sole application) or together with your spouse (joint application). The same online application is used for both sole and joint applications.
To apply for a divorce, you must demonstrate that your marriage has 'irretrievably broken down' by being separated for at least 12 months with no likelihood of reconciliation. You must also ordinarily live in Australia and have done so for at least 12 months before the divorce application. If you were married overseas, you may need to have your marriage certificate translated.
If you are making a joint application, you need an affidavit from an independent third party, yourself, and your spouse. If you are making a sole application, you need two affidavits: one from yourself and one from a third party. An affidavit is a written and sworn statement that can be used as evidence in court. You also need to provide evidence of your separation to the Court, such as acting in a way that indicates to friends, family, and neighbours that you have separated.
After filing and serving your application, your spouse may file a Response to Divorce if they oppose it. The Court will then consider your application. If you are making a joint application, the Court will begin considering your application immediately after it has been filed.
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Evidence: Provide proof of separation, including affidavits from yourself and third parties
To obtain a divorce in Western Australia, you must prove that your marriage has broken down irretrievably and that you and your spouse have been separated for at least 12 months. This can be done through evidence and affidavits from yourself and
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Counselling: File an affidavit explaining why you and your spouse didn't attend counselling
In Western Australia, only couples who have been married for a short period (less than two years) are required to attend counselling before filing for divorce. This is to ensure that the couple has considered all the options to improve their relationship before proceeding with a divorce.
If you and your spouse cannot attend counselling, you must file an affidavit seeking the Court's permission to apply for a divorce. In your affidavit, you must explain:
- Why you and your spouse haven't attended counselling.
- If your spouse has refused to attend, explain your attempts to invite them to attend.
- If you cannot find your spouse, explain how you have tried to locate them.
- Any special circumstances of your case, such as a history of violence or abuse in your marriage, making it unsafe for you to attend counselling with your spouse.
Both you and your spouse must complete Form 3 and appear before a Justice of the Peace to swear that all the information provided is true.
If your spouse has refused to attend counselling, you should seek legal advice to develop a pathway through your separation.
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Response: Your spouse may respond to the divorce application if they oppose it
If you file a sole application for divorce in Western Australia, you are required to serve the Application for Divorce on your spouse. If your spouse opposes the divorce, they must attend the divorce hearing to explain their reasons for doing so. You should also attend the hearing, as if you do not, and your spouse opposes the divorce being granted, the Court may treat their response as undefended and dismiss your divorce application.
If your spouse opposes the divorce, they will need to complete and file a Response to Divorce. If they do not oppose the divorce, they do not need to attend the hearing, and you may also choose not to attend.
To apply for a divorce, you must prove that you and your spouse have been separated for at least one year and that there is no chance of resuming married life. You can do this by providing evidence of your separation to the Court. This could include acting in a way that makes it clear to friends, family members, neighbours, and employers that you have separated and are no longer living as a couple.
If you cannot attend counselling, you must file an affidavit seeking the Court's permission to apply for a divorce. In this affidavit, you must explain why you and your spouse have not attended counselling, including any attempts you have made to invite them if they have refused to attend. You must also disclose any special circumstances, such as a history of violence or abuse in the marriage.
If you do not know the whereabouts of your spouse, you will need to apply to the court for a service order. Attending the divorce hearing is only required if the respondent has requested to attend, especially if there are children under 18 involved.
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Court hearing: Attendance may be required, especially if there are children under 18 involved
In Western Australia, divorces are handled by the Family Court of Western Australia. If you have children under 18 years old from the marriage, you may be required to attend a court hearing.
If you are the sole applicant and there are children under 18, you will need to attend the hearing so the registrar can confirm that care arrangements are in place for the child(ren). This includes providing details of the arrangements in Part F of the application, including housing, care before and after school, health of the child(ren), contact with each parent, and financial support. If you are unable to provide this information, you will need to explain why.
If you are applying for divorce together with your spouse (a joint application), you do not need to physically attend the court hearing. However, if you are a joint applicant and have children under 18, the court will still need to be satisfied that proper arrangements have been made for their care. This includes confirming that there are satisfactory arrangements in place for the children or that there is a good reason for the divorce to be granted even if there are not satisfactory arrangements.
It is important to note that the granting of a divorce does not determine issues of financial support, property division, or parenting arrangements for children. If you wish to seek orders regarding these matters, separate applications must be filed.
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Frequently asked questions
There is only one ground for divorce in Western Australia: that your marriage has broken down irretrievably, you've been separated for at least 12 months, and there is no chance of reconciliation.
You can apply for divorce by yourself (a sole application) or together with your spouse (a joint application). You will need to submit an application to the Family Court of Western Australia. The application can be filed online or in person.
You will need to provide a copy of your marriage certificate. If your marriage certificate is not in English, you must provide a translated copy and an affidavit of an approved translator. You may also need to provide affidavits from yourself and a third party, as well as evidence of your separation.
Whether you need to attend court depends on whether you are making a joint or sole application and if there are children under the age of 18 involved. If you are making a joint application with no children, you typically do not need to attend court.
Note: This response provides general information and does not constitute legal advice. For specific guidance on your situation, it is recommended to consult a legal professional.
